The Trump administration is giving schools 10 days to certify they have no 'illegal DEI practices'

Maddie Hanna, The Philadelphia Inquirer on Apr 3, 2025

By clicking submit, I authorize Arcamax and its affiliates to: (1) use, sell, and share my information for marketing purposes, including cross-context behavioral advertising, as described in our Privacy Policy , (2) add to information that I provide with other information like interests inferred from web page views, or data lawfully obtained from data brokers, such as past purchase or location data, or publicly available data, (3) contact me or enable others to contact me by email or other means with offers for different types of goods and services, and (4) retain my information while I am engaging with marketing messages that I receive and for a reasonable amount of time thereafter. I understand I can opt out at any time through an email that I receive, or by clicking here

The U.S. Department of Education on Thursday instructed that if state education agencies wish to continue receiving federal funding, they have 10 days to certify that schools are complying with anti-discrimination laws and have no “illegal DEI practices.”

A letter released by the federal education department cites the U.S. Supreme Court’s decision striking down affirmative action in college admissions to argue that school diversity, equity, and inclusion initiatives — a repeated target of President Donald Trump — are racially discriminatory.

“When state education commissioners accept federal funds, they agree to abide by federal anti-discrimination requirements,” Acting Assistant Secretary for Civil Rights Craig Trainor said. “Unfortunately, we have seen too many schools flout or outright violate these obligations, including by using DEI programs to discriminate against one group of Americans to favor another based on identity characteristics in clear violation of Title VI.”

Here’s what to know about the latest threat from Trump’s administration to pull funding over DEI, and how schools have been responding.

What does the letter say?

The certification letter that states are being asked to submit says that Title I funding — awarded to states to distribute to schools with significant shares of students in poverty — is conditioned on compliance with federal anti-discrimination laws.

“Any violation of Title VI — including the use of Diversity, Equity, & Inclusion (“DEI”) programs to advantage one’s race over another — is impermissible," the letter says, threatening to cut funding for any state or local education agency that continues to use “illegal DEI practices.”

It also threatens “the potential initiation of litigation for breach of contract by the Department of Justice” to recover previous grant money, and says anyone who submits a false certification could face liability.

What other threats has Trump made?

The letter marks the latest effort by the Trump administration to impose his agenda on the education system. In an executive order earlier this year, Trump directed federal agencies to produce a plan for eliminating federal funding “for illegal and discriminatory treatment and indoctrination in K-12 schools, including based on gender ideology and discriminatory equity ideology.”

The Office for Civil Rights then sent a “Dear Colleague” letter to schools, citing the Supreme Court’s 2023 decision striking down affirmative action to argue that schools could not consider race in “admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life.”

That letter is the subject of a legal challenge, which argues the administration failed to define DEI programs beyond describing them as discriminatory.

While the certification letter issued Thursday to state education agencies says that “the use of certain DEI practices can violate federal law,” it doesn’t specify which practices.

How are schools responding?

Federal officials said state education agencies would “be responsible for reporting on their state overall and for collecting certification responses” from school districts — with 10 days to return the certification.

While not all school districts have formal DEI programs, some do have DEI directors and equity policies. A number of districts have said in recent weeks that they have not rolled back those efforts, despite funding threats from the Trump administration.

“It is truly unconscionable that the Trump administration is targeting some of the most vulnerable students and communities by threatening districts with high levels of Title I funding,” said Scott Overland, president of the Phoenixville school board in Pennsylvania. Overland said Thursday he wasn’t yet sure whether his district had received the certification letter, but said that “I will do everything in my power to ensure our district never signs” it.

_____